OROVILLE — Prosecutors Wednesday declined to retry the case of a man charged with allegedly raping a woman in July 2010.

Jodea Foster, attorney for defendant Clinton James Martin, said having the charges dismissed against his client was a just result.

On Aug. 31, Butte County Superior Court Judge Clare Keithley declared a mistrial after a jury was split 8-4 on felony counts of rape by use of drugs and oral copulation by use of drugs. The jury didn’t specify if the tally was for acquittal or conviction.

Following the mistrial, it was up to the Butte County District Attorney’s Office to decide whether to seek a new trial.

Deputy district attorney Stacy Edwards said the District Attorney’s Office wouldn’t retry the case. She declined further comment.

The charges stemmed from an incident early on July 2, 2010, where Martin allegedly had oral sex and intercourse with a then-18-year-old woman from Reno in a Chico apartment.

During the trial, it was disclosed that both Martin and the woman consumed numerous alcoholic drinks at a party of five people. The woman had vomited and was put to bed alone in a bedroom.

After remembering a trash can falling to the floor, the woman’s next memory was of Martin on top of her, having intercourse.

She testified that she felt drunk, but she didn’t resist because she was scared and didn’t know what to do. After the alleged incident concluded, she went to her friend’s room to report it.

Edwards alleged the woman’s level of intoxication prevented the woman from resisting, and that Martin should have known the woman was incapable of giving consent.

Although Martin didn’t testify during the trial, he told police officers and his friend that he didn’t rape the woman. He reportedly encountered the woman outside a bathroom and that led to a consensual encounter, including oral sex and intercourse.

Martin said the woman was intoxicated, but she seemed coherent and aware that she was with the defendant.

The jury deliberated for nearly two days, but was unable to reach a verdict.

Staff writer Ryan Olson can be reached at 896-7763 or rolson@chicoer.com.